The Justice System: Is Failure to Help Someone a Crime?

On behalf of Law Office of John Freeman posted in The Justice System on Monday, March 25, 2013.

In the Justice System in America, it is generally not criminal to fail to render asssitance to an adult who could use your help. However, recently in California a nurse employed at an independent living facility, refused to provide CPR to a dying elderly woman because the facility had a policy against administering CPR to its members. Although the facility maintains that its members were fully aware of its no-CPR policy, police have opened a criminal investigation to determine whether any criminal charges should be filed.

While the commission of abuse against an elder or dependent adult is a serious violation of law in the justice system, criminal penalties are generally dependent upon willful conduct, not just a failure to act. However, in Michigan, a caregiver could face criminal penalties for a failure to act where the caregiver is reckless and causes a vulnerable adult serious physical or mental harm.

Research to date fails to reveal any legal precedent under Michigan law specifically dealing with criminal penalties resulting from a caregiver failing to perform CPR. However, Michigan's legislature is continuously taking steps to prevent abuse and exploitation of elders and vulnerable adults.

Therefore, if you or a family member currently work in an assisted living facility or nursing home, or if you currently face criminal charges for abusing a vulnerable adult or other similar criminal charges, it is important that you contact an experienced Michigan criminal defense attorney today that will protect your rights. Do not wait until you have already been charged to hire an attorney. Many times mitigation begins at the outset with a pre-charge meeting before the prosecutor. You cannot afford to delay.

Recent Posts

What Our Clients Say

“I would like to pass along some good news, I found out today that I will keep my job... There's no doubt in my mind your hard work helped make that possible. Thanks for all you do and continue to fight the good fight." - N.E. 6/19/18

“One of the things I appreciated the most about Mr. Freeman’s services is that he was honest telling what could and could not happen. He did an A1 job." - F.T. 9/6/17

“I would recommend Mr. Freeman's legal services to anyone! He is the perfect combination you want for your attorney, aggressive (when need be), timely, will listen to his client, and very persistent!" - Anonymous 2/11

“I went in for sentencing, and was given 2 years probation with no jail time. Mr. Freeman saved my life, and kept me a free man. I strongly suggest you call him, it will be the most important phone call you can make..." - Anonymous 2/11

“Mr. Freeman sets a bar that all other lawyers should aspire to. He is an expert in the field of law and his execution of client care exemplifies that. - Chris C. 9/10

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Wayne County ● Oakland County ● Macomb County ● Washtenaw County ● Livingston County ● Monroe County ● St. Clair County ● Genesee County ● Lapeer County ● Kent County ● Kalamazoo County ● Ingham County ● Berrien County ● Jackson County ● Bay County ● Saginaw County